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People v. Holmes

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1929
227 App. Div. 734 (N.Y. App. Div. 1929)

Opinion

October, 1929.


Order vacating subpoena reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. We are of opinion that section 352 Gen. Bus. of the General Business Law, as amended by chapter 365 of the Laws of 1927, empowers the Attorney-General to subpoena and examine a person, who is a party to a civil proceeding or action, after the commencement of the proceeding or action. The exercise of such power by the Attorney-General does not violate any of defendant's constitutional rights, which are specifically preserved by the provisions of section 359 of said law. Lazansky, P.J., Young, Hagarty, Seeger and Carswell, JJ., concur.

Added by Laws of 1921, chap. 649. — [REP.

Added by Laws of 1921, chap. 649, as amd. by Laws of 1926, chap. 617. — [REP.


Summaries of

People v. Holmes

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1929
227 App. Div. 734 (N.Y. App. Div. 1929)
Case details for

People v. Holmes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FENWICKE L. HOLMES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 1929

Citations

227 App. Div. 734 (N.Y. App. Div. 1929)

Citing Cases

Carlisle v. Bennett

Cf., also, Matter of Hoyt, 233 App. Div. 826; affd., 258 N.Y. 569; People v. Holmes, 227 App. Div. 734;…